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However, while considering tenants rights without a lease South Africa, a landlord does not have the right to evict a renter all by him or herself. A notice of eviction must be served the tenant from the court.
Here are some of the most important items to cover in your lease or rental agreement.Names of all tenants.Limits on occupancy.Term of the tenancy.Rent.Deposits and fees.Repairs and maintenance.Entry to rental property.Restrictions on tenant illegal activity.More items...?
How Can You Tell If a Rental Property Listing Is a Scam?They Don't Want to Meet You in Person.They Want You to Move in Immediately, Without Ever Seeing the Property.They Ask for Rent or a Security Deposit Before Signing a Lease.The Price is Too Good.The Listing Has Typos, Poor Grammar, or Excessive Punctuation.More items...?
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
A tenant without a written contract is still entitled to all the statutory rights a regular tenant with a contract is, including water, heating, a safe environment etc. In a similar vein, the tenant is still obligated to pay rent on time and take reasonable care of the property.